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This paper investigates the impact of judiciaries on firms' contracting behaviour and economic performance. In 2002, the Code of Civil Procedure Amendment Act was enacted in India to facilitate speedy disposal of civil suits. Some State High Courts had already enacted some of the amendments...
Persistent link: https://www.econbiz.de/10014223736
This Article provides a case study of the regulation of consumer finance and the role of consumer bankruptcy or insolvency law in the context of an emerging economy. Like other emerging economies, India is currently attempting a daunting regulatory balancing act: to promote the continued...
Persistent link: https://www.econbiz.de/10013132227
This written statement addresses several of the questions raised regarding the potential legalization of betting and gambling in India. Of the five questions posed in the Appeal, dated May 30, 2017, I address only the first two: 1) “Will legalizing betting and gambling help in curbing the...
Persistent link: https://www.econbiz.de/10012953269
Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...
Persistent link: https://www.econbiz.de/10012955900
In order to prevent use of the formal financial system for illegal ends, international frameworks and domestic law require financial institutions to collect personal information from individuals at the time of opening accounts, as well as on an ongoing basis. These obligations give rise to...
Persistent link: https://www.econbiz.de/10013291035
The recently notified Arbitration and Conciliation (Amendment) Act, 2015 has been enacted with the intent to make Indian arbitration user-friendly, efficient and cost-effective. Arbitration in India was notorious for long delays, lack of professionalism, excessive judicial interference, etc. The...
Persistent link: https://www.econbiz.de/10012981706
Over the past few years, several ministers and Government representatives have expressed the desire to make India a hub of international arbitration and to improve India's position in the Ease of Doing Business rankings published by the World Bank The recent amendments to the Arbitration and...
Persistent link: https://www.econbiz.de/10012981707
The Statement of Objects and Reasons to the Arbitration & Conciliation (Amendment) Bill, 2015 placed substantial blame on the judiciary for the delay in disposal of arbitration matters and the increasing court interference in arbitration, both of which, according to the said Statement, had, the...
Persistent link: https://www.econbiz.de/10014123746
Does the Indian Parliament have the power to expel its members under the "powers, privileges and immunities" guaranteed by the Constitution? The Indian Supreme Court was confronted with the question in Raja Ram Pal v. Hon'ble Speaker, Lok Sabha and Others. Powers, privileges and immunities of...
Persistent link: https://www.econbiz.de/10014050783
Transnational Organized Crimes not merely have a bearing to the security of states, but also to that of its economy, given the large retail value of these crimes. Illicit Drug Trafficking, Terrorism, Money Laundering, smuggling, arms trade are not crimes independent of other crimes. They have a...
Persistent link: https://www.econbiz.de/10013310642